51 Years of Loud Noise Costs Employer

Exposed to Dangerous Noise Levels

 

A GMB (Britain’s general union) member who was exposed to dangerous levels of noise by his former employer has been compensated following help from Thompsons Solicitors.

 

According to Thompsons Solicitors, David Neall, 61, from Broughton has received $16,000 in damages after developing occupational tinnitus and hearing loss. Neall’s hearing became damaged while working for JB Weightmans, a vehicle body builders in Scunthrope from 1966 to 2005.

 

 

Hearing Protection Available, Not Enforced

 

His job included building platforms for trailers and the unsafe noise levels came from various tools being used. Hearing protection was provided in the 1980s but it wasn’t always available and use of it was not enforced until some years later.

 

Neall was diagnosed with deafness and tinnitus in both ears after going to his GP in March 2010. He became concerned, as he was no longer able to hear conversations and he had to have the television turned up loud. He must now wear a hearing aid in his left ear.

 

 

Settled Out of Court

 

After his diagnosis, Neall contacted the GMB, which instructed Thompsons Solicitors to investigate a claim for compensation.  Weightmans’ insurers admitted liability and Thompsons secured a settlement out of court.

 

Katrina Rowan from Thompsons Solicitors noted, “Hearing problems are often put down to getting older and people don’t always associate it with the work they were doing decades earlier. The responsibility of employers to provide protection against avoidable dangers at work – including excessive noise levels – is well known and there is no way to get round that.”

 

 

Author Michael B. Stack, CPADirector of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. www.reduceyourworkerscomp.com. Contact: mstack@reduceyourworkerscomp.com.


Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional about workers comp issues.

Employer Pays the Price for Pregnancy Discrimination

 

Discrimination During Pregnancy
 
An Irish consultant claimed her employer discriminated against her and dismissed her when she was pregnant, has been awarded $157,000 by the Equality Tribunal.
 
According to The Irish Times, it had awarded $157,000 to Claire Keenan, who took a case against former employer Stephen Kehoe, trading as Mortgage Cabin.
 
In evidence to the tribunal, Keenan stated she began working as a mortgage consultant for Kehoe in February 2005. She said she had become pregnant and told Kehoe, and was slated to go on maternity leave in July 2008.
 
 
Asked to Take Short Maternity Leave
 
She said another employee, referred to as Mr A, was hired early in 2008 to take on some of the workload. She claimed Kehoe told her he did not want her going on maternity leave and referred to a person he knew who had come back to work after only two months. She submitted that he asked her to take a shorter maternity break and asked her to work from home while on leave.
 
 
Let Go Before Returning From Leave
 
Keenan said she was subsequently told of financial difficulties by Kehoe, and eventually informed she was being made redundant as there was not enough work. She also claimed she had been offered a check for redundancy if she signed a form that the money was “in full and final settlement of all claims arising from the termination of employment”. She said she refused to sign and did not receive the check.
 
In his written submissions, Kehoe, who was not present for the hearing, claimed he had never asked about shorter maternity leave. He submitted that Keenan had asked him if she could work from home and that he told her she was not to do so as Mr A was to provide the cover while she was away.
 
The tribunal found in favor of Keenan in respect of discrimination and made the award of $157,000 due to 12 months’ remuneration.
 
 

Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher.  www.reduceyourworkerscomp.com Contact mstack@reduceyourworkerscomp.com

 

 


WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com

VIEW SAMPLES PAGES

MODIFIED DUTY CALCULATOR:  www.LowerWC.com/transitional-duty-cost-calculator.php

 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

You Can Run, But You Can Not Hide in Work Comp Fraud

Invididuals Who Try and Cheat the System Get Caught

 
The bottom line is that sooner or later authorities will catch up to those individuals who try and cheat the system.
 
According to a report from the Maine Employers Mutual Insurance Company (MEMIC), a Mount Desert man must repay more than $9,000 and spend two weeks in an alternative sentencing program after offering a guilty plea late last month to workers compensation fraud. [WCx]
 
House painter Jeremy Laurendeau, 35, pleaded guilty to a Class D misdemeanor of theft by deception and will now pay $9,141 as restitution.


Started with Legitimate Claim
 
The fraudulent scheme began in April 2010 when Laurendeau legitimately dislocated his shoulder on the job while working for A Team Painting of Bar Harbor. He did not return to work and a year-long recovery followed. Over the course of that year, he periodically denied any earnings when asked by MEMIC and collected full wage replacement benefits.


Tried to Prolong Injury, Collect Comp, and Work Second Job
 
Laurendeau’s crime was unwittingly undone by his father who also worked for A Team and who mentioned to the company’s owner that his son had been “doing some stuff” on the island. One small town a hired investigator later, Laurendeau was discovered working odd jobs at a large estate where he earned thousands of dollars for his work. During this time, he had continued to report to MEMIC that he had no other earnings while collecting full workers comp benefit. Subpoenaed payment records from the estate served as the final piece of incriminating evidence.

This is a great example of the slippery slope of insurance fraud. An injured worker fakes a prolonged recovery to continue collecting benefits, and then becomes tempted to make extra money on the side. They probably rationalize that as long as nobody knows, it’s okay,” said John Marr, senior vice president of claims at MEMIC. “But it’s not. Not to his employer. Not to the whole system that is linked financially to other business owners. Not to the honest injured workers who can suffer from the stigma of insurance fraud.” [WCx]

 
Jail time was not considered appropriate because Laurendeau has three young sons and painting and drywall skills that can be put to use helping nonprofit organizations, according to MEMIC.
 
He sustained a legitimate injury,” officials added “Early on; we had no reason to question the legitimacy of his claim.”
 
 

Author Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher.  www.reduceyourworkerscomp.com Contact mstack@reduceyourworkerscomp.com

 

 


WORKERS COMP MANAGEMENT MANUAL:  www.WCManual.com

VIEW SAMPLES PAGES

MODIFIED DUTY CALCULATOR:  www.LowerWC.com/transitional-duty-cost-calculator.php

 

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

 

©2012 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact us at: Info@ReduceYourWorkersComp.com.

Australian Employer Fined 350K Following Death of Man

A major development company has been fined $350,000 for an "immense oversight" at the construction of a giant warehouse in Melbourne's southeast that led to the death of a man.
 
 
According to information from the Construction, Forestry, Mining and Energy Union, County Court judge Liz Gaynor said that John Parton's fate was sealed when Australand failed to oversee properly work being done at the Dandenong South site where he was killed when a steel frame collapsed. (WCxKit)
 
 
She said it was only luck that more men had not yet arrived for work when the structure, measuring 82 meters by 240 meters, crashed down on the 47-year-old Langwarrin man.
 
 
Gaynor said the steel frame had not been properly braced and a colleague with Mr. Parton narrowly escaped death or serious injury.
 
 
She said failing to ensure the partially built frame was braced was a "serious example" of an occupational health and safety breach that had resulted in the "massive collapse of a massive structure.”
 
 
Australand, the principal builder of the project and in charge of overseeing construction, was fined $350,000.
 
 
Australand had no prior convictions and Gaynor said it had shown remorse and taken immediate steps to improve safety on its projects.
 
 
Acting director of WorkSafe's construction and utilities team, Allan Beacom, said after the sentencing that temporary bracing on partially-built structures was integral to workplace safety.
 
 
There are a surprisingly high number of structural failures where this simple step has not been done, and in every case, people are at risk," he said.
 
 
The incident must act as a reminder to all that fundamental safety responsibilities must be adhered to." (WCxKit)
 
 
Charges against two other defendants in the case are yet to be heard.

 

Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
 

HOW TO REDUCE WORKERS COMP COSTS BOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact

British Street Light Worker Fined for Toddler Injury

A British toddler was injured when part of a streetlight was dropped by a workman in Hackney as she was passing underneath, a court has heard.
 
 
According to a report from The Health and Safety Executive (HSE), one-year-old Taahyra Kasham was being pushed along a London street in her pram by her mum, Rajna, when a reflector from a streetlight hit her on the head. (WCxKit)
 
 
Street light operative Joseph Parker, 25, who at the time of the incident lived in Romford, Essex, was fined after HSE found he had not erected temporary barriers around the lamp while he was working.
 
 
City of London Magistrates Court heard Parker was instructed by his employers, Volker Highways Limited, to investigate a faulty street lamp on Gillett Square in Hackney on Jan. 20, 2010.
 
 
However, when he detached the reflector at the top of the lamp post it fell toward the mother and daughter below. The one-year-old needed stitches to her wound, but her mum escaped unhurt.
 
 
The HSE investigation found the incident was entirely preventable. Temporary barriers should have been used to segregate pedestrians from the work area around the lamp before Mr. Parker dismantled the reflector. (WCxKit)
 
 
Parker, who at the time of the incident lived in Boxmoor Road, Romford, Essex, pleaded guilty to breaching Section 7(a) of the Health and Safety at Work etc. Act 1974. He was fined $3,539.48 and ordered to pay costs of $4,545.13
 

 
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.

Our WORKERS COMP BOOK:  www.WCManual.com
 
 

 

WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.

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